STATE OF GUJARAT Vs. BHAILALBHAI GOVINDBHAI PRAJAPATI

JUDGEMENT

(1.) The present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction and sentence dated 10th August, 1993 passed by the learned Judicial Magistrate First Class, Umreth, in Criminal Case No. 485 of 1991, whereby the learnfed Magistrate was pleased to convict the appellant for the offence punishable under Section 408 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of one year, and also imposed fine of Rs. 500/-, and in default of payment of fine; sentenced him to undergo simple imprisonment for a further period of two months.

(2.) As per the case of the prosecution, original accused No. 1 -present appellant is the Secretary of Limda Dudh Utpadak Sahakari Mandli and the original accused No. 2 was the Chairman of the said Mandli. As per the case of the prosecution, between 01st January, 1990 and 30th June, 1990, both the accused with the help of each other, misappropriated an amount of Rs. 01,96,451/- permanently for their personal use. Therefore, a complaint to the said effect came to be filed against the accused persons on 09lh January, 1991 in Umreth. Police Station.

(3.) Thereafter, the Investigating Officer carried out investigation and recorded statements of witnesses. Thereafter, charge was framed at Exhibit 6 against the accused persons and read over to the accused persons. The accused persons pleaded not guilty to the charges levelled against them and claimed to be tried.